NUCLEAR LAWS OF THE REPUBLIC OF KOREA 1 Nuclear Safety Act Korea Institute of Nuclear Safety 1
Nuclear Safety Act Nuclear Safety Act Enacted by Act No.10911, Jul. 25, 2011 (Entered into force, Oct. 7, 2011) Amended by Act No. 11715, Mar. 23, 2013; As amended by other Acts Chapter I General Provisions Article 1 (Purpose) The purpose of this Act is to strive for the prevention of disaster resulting from radiation and to ensure the safety of the general public by prescribing matters concerning the safety control for research, development, production and utilization of nuclear energy. Article 2 (Definitions) The definitions of terms used in this Act shall be as follows: 1. The term "nuclear energy" means all forms of energy released from an atomic nucleus in the course of transformation of an atomic nucleus; 2. The term "nuclear material" means nuclear fuel material and nuclear raw material; 3. The term "nuclear fuel material" means material capable of producing nuclear energy, such as uranium, thorium, etc., as prescribed by the Presidential Decree; 4. The term "nuclear source material" means material which is raw material for nuclear fuel material, such as uranium ore, thorium ore, etc., as prescribed by the Presidential Decree; 5. The term "radioactive material" means nuclear fuel material, spent nuclear 3
NUCLEAR LAWS OF THE REPUBLIC OF KOREA fuel, radioisotope and nuclear fission product; 6. The term "radioisotope" means isotope and its compounds which emit radiation, as prescribed by the Presidential Decree; 7. The term "radiation" means electromagnetic wave or particle beam which is capable of direct or indirect ionization of air, as prescribed by the Presidential Decree; 8. The term "nuclear reactor" means the apparatus in which nuclear fuel material is used as fuel. Provided, that the nuclear reactor as prescribed by the Presidential Decree shall be excluded; 9. The term "radiation generating device" means the equipment which generates radiation by means of accelerating charged particles, as prescribed by the Presidential Decree; 10. The term "related facilities" means such facilities as prescribed by the Presidential Decree concerning the safety of nuclear reactor; 11. The term "refining" means physical or chemical processing of nuclear raw material in order to increase the content of uranium or thorium contained in nuclear raw material; 12. The term "conversion" means chemical processing of nuclear fuel material in order to change nuclear fuel material into a form in which it becomes suitable for fabrication; 13. The term "fabrication" means physical or chemical processing of nuclear fuel material in order to change nuclear fuel material into a form in which it may be used as fuel in a reactor; 14. The term "spent fuel processing" means processing of nuclear fuel material which has been used as fuel in a reactor or other nuclear fuel materials which have been subject to nuclear fission reaction for the purpose of research and experimentation, or it means separation of nuclear fuel material and other materials from spent fuel by physical or chemical processing; 15. The term "nuclear fuel cycle business" means the business related to refining, conversion, fabrication or spent fuel processing; 16. The term "radiation control area" means an area in which the external radiation quantity and rate, the concentration of radioactive material in the air, or the surface contamination degree of material polluted by radioactive material is feared to exceed the limit prescribed by the Regulation of the Nuclear and Security Commission, and in which 4
Nuclear Safety Act people's access is required to be controlled for the safe management of radiation and measures are required to be taken to protect people with access for the prevention of radiation damage; 17. The term "internationally controlled material" means material which is subject to safeguards in accordance with the commitment relating to research, development and utilization of nuclear energy and other international treaties (hereinafter referred to as "international treaty") as prescribed by the Ordinance of the Prime minister; 18. The term "radioactive waste" means radioactive material or other materials contaminated by such radioactive material (hereinafter referred to as "radioactive materials, etc.") (including spent nuclear fuel) which are all subject to disposal; 19. The term "personal dose" means the quantity of radiation exposed to the exterior or interior of human body. Provided, that the quantity of radiation exposed for medical treatment and the quantity of natural radiation which is not artificially increased shall be excluded. In this case, kinds and application standards shall be determined and published by the Nuclear Safety and Security Commission; 20. The term "nuclear power utilization facility" means facility which is related to research, development, production and utilization of nuclear energy (hereinafter referred to as nuclear power utilization") as prescribed by the Presidential Decree; and 21. The term "radiation worker" means a person who is engaged in the work which is exposed or feared to be exposed to radiation while working on operation, utilization, or preservation of the nuclear power utilization facility or on usage, treatment, storage, conservation, processing, discharge, disposal, transport, control, or decontamination of radioactive materials, etc. Chapter Ⅱ Establishment and Execution of Comprehensive Nuclear Safety Plan Article 3 (Establishment of Comprehensive Nuclear Safety Plan) 5
NUCLEAR LAWS OF THE REPUBLIC OF KOREA (1) The Nuclear Safety and Security Commission(hereinafter referred to as the "Commission") established under Article 3 of the Act on Establishment and Operation of the Nuclear Safety and Security Commission shall establish the comprehensive nuclear safety plan (hereinafter referred to as the "comprehensive plan") for the safety control of the utilization of nuclear energy(hereinafter referred to as "nuclear safety control") every five years. (2) The comprehensive plan shall include the matters falling under each of the following Subparagraphs: 1. Current status of and prospects for the nuclear safety control; 2. Policy targets and basic direction of nuclear safety control; 3. Tasks by sector and implementation thereof; 4. A plan to invest the required financial resources and securing such resources; and 5. Other matters necessary for nuclear safety control. (3) If the Commission wishes to establish the comprehensive plan, he shall consult with the heads of ministries and agencies concerned. This provision shall also apply in a case where he wishes to change the existing comprehensive plan. (4) The establishment and change of the comprehensive plan shall be determined finally through a deliberation and resolution of the Commission. Provided, that if any minor matters as prescribed by the Presidential Decree are changed, this shall not apply. (5) If it is deemed necessary for establishing the comprehensive plan, the Commission may request the heads of the ministries and agencies concerned to submit materials necessary for the establishment of the comprehensive plan. Article 4 (Execution of Comprehensive Plan) (1) The Commission shall notify the heads of the ministries and agencies concerned of the comprehensive plan determined finally under the provisions of Article 3 (4) and the Commission and the heads of the ministries and agencies concerned shall establish every five years the execution plan by sector concerning the matters under their control, according to the comprehensive plan, and shall establish and execute detailed project promotion plan according to the execution plan by sector. 6
Nuclear Safety Act (2) The Commission and the heads of the ministries and agencies concerned shall, upon establishing the execution plan by sector as referred to in Paragraph (1), determine it finally in consultation with the heads of other ministries and agencies, if necessary, and the heads of the ministries and agencies concerned shall notify the Commission thereof. Article 5 (Nuclear Safety-Specialized Institution) (1) In order to professionally carry out functions concerning nuclear safety control, a nuclear safety-specialized institution may be established under the control of the Commission. (2) Matters concerning the establishment and operation of the nuclear safetyspecialized institution as referred to in Paragraph (1) shall be prescribed separately by the Acts. Article 6 (Establishment of the Korea Institute of Nuclear Nonproliferation and Control) (1) The Korea Institute of Nuclear Nonproliferation and Control (hereinafter referred to as "KINAC") shall be set up for efficient execution of safeguards and export/ import control regarding nuclear facilities and materials (hereinafter referred to as "nuclear control"). (2) The KINAC shall be a juridical person. (3) The establishment of the KINAC shall be effected by means of registration of incorporation thereof at the location of the primary office thereof. (4) The KINAC shall obtain the approval of the Commission for any revision to the Articles of Incorporation thereof. (5) The KINAC shall have no more than eleven directors, including one head of the Board of Directors and one president, as well as one auditor. Such executives shall be appointed by the Board of Directors as provided in the Articles of Incorporation, with the approval of the Commission. (6) The KINAC shall set up the Board of Directors for deliberation and decision-making regarding important matters thereof. (7) The president shall represent the KINAC, supervise affairs thereof, and manage/supervise the employees thereof. (8) The government may make contributions to the KINAC from the general 7
NUCLEAR LAWS OF THE REPUBLIC OF KOREA budget in order to sufficiently cover the incorporation and operating costs thereof. (9) Except for matters provided herein in relation to the KINAC, the provisions of the Civil Code on incorporated foundations shall apply mutatis mutandis. Article 7 (Duties of KINAC) The KINAC shall perform each of the following duties: 1. Affairs related with nuclear facilities, equipment, technology, research and development as well as safeguards regarding nuclear materials as delegated by the Commission under Article 111 (1); 2. Affairs related with export and import control of internationally controlled materials including nuclear materials as delegated by the Commission under Article 111 (1); 3. Affairs related with physical protection as delegated by the Commission under Article 45 (1) of the Act on Physical Protection and Radiological Emergency; 4. Research and technological development regarding nuclear control; 5. Support for international cooperation regarding nuclear control; 6. Training on nuclear control; and 7. Other matters necessary for performance of affairs pertaining to nuclear control. Article 8 (Investigation of Actual Situations) (1) For the purpose of implementing efficiently the policy of nuclear safety, the Commission shall conduct an investigation on the actual situations of the nuclear safety. In this case, the Commission may have the institutions or organizations as prescribed by the Presidential Decree conduct such investigation on actual situations. (2) If it is deemed necessary for the investigation on actual situations as referred to in Paragraph (1), the Commission may request any nuclear power-related enterprise, educational institution, research institute, or other nuclear power-related organization, to furnish materials or to state opinions. 8
Nuclear Safety Act Article 9 (Implementation of Nuclear Safety Research and Development Projects) (1) In order to establish a plan for nuclear safety research and development projects according to an execution plan by sector established under the provisions of Article 4 (1) and to implement such projects efficiently, the Commission may select each year the research development tasks, and have the institutions or organizations falling under each of the following Subparagraphs: 1. The institution established under the provisions of Article 5; 2. KINAC; and 3. The institutions and organizations as referred to each of the provisions of Article 14(1) of the Basic Research Promotion and Technology Development Support Act (2) Expenses for the execution of the nuclear safety research and development projects as referred to in Paragraph (1) shall be covered by the financial resources falling under each of the following Subparagraphs: 1. Contribution of the Government; 2. Nuclear Energy Research and Development Fund under the provisions of Article 17 of the Nuclear Energy Promotion Act ; and 3. Residues resulting from the course of implementing the nuclear safety research and development project and other revenues. (3) Matters necessary for the execution of the nuclear safety research and development projects as referred to in Paragraph (1), and the operation of the expenses as referred to in Paragraph (2), shall be prescribed by the Presidential Decree. Chapter Ⅲ Construction and Operation of Nuclear Reactor and Related Facilities Section 1 Construction of Nuclear Power Reactor and Related Facilities Article 10 (Construction Permit) 9
NUCLEAR LAWS OF THE REPUBLIC OF KOREA (1) A person who wishes to construct a nuclear power reactor and related facilities shall obtain construction permit from the Commission under the conditions as prescribed by the Presidential Decree. The same shall apply to a case where he wishes to change any permitted matters. (2) A person who wishes to obtain construction permit under Paragraph (1), shall submit to the Commission an application together with radiation environmental report, preliminary safety analysis report, and quality assurance program regarding construction, and other documents as prescribed by the Ordinance of the Prime minister. (3) The Commission may grant, after review, a prior approval for a construction site to a person who wishes to construct a nuclear power reactor and related facilities and submit an application for such site prior to an application for construction permit. (4) A person who has obtained the approval for the construction site under Paragraph (3) may execute the construction work to such extent as prescribed by the Ordinance of the Prime minister. (5) A person who wishes to obtain an approval for a construction site as referred to in Paragraph (3), shall file an application for the approval with the Commission, together with a statement of evaluation of environmental impact, an on-site investigation report, and other documents as prescribed by the Ordinance of the Prime minister. (6) Where a person who intends to construct a nuclear power reactor and related facilities, intends to construct structures under the provisions of Subparagraph 2 of Article 2 (1) of the Building Act after obtaining a prior approval for a construction site under the provisions of Paragraph (3), he shall be deemed to obtain the construction permit under the provisions of Article 11 of the same Act when he furnishes design documents to the head of an administrative agency concerned under the provisions of Article 11 (3) of the same Act. Article 11 (Standards for Permit) The standards for the construction permit as referred to in Article 10 (1) shall be as follows: 10
Nuclear Safety Act 1. Technical capability necessary for construction of a nuclear power reactor and related facilities, as provided for in the Ordinance of the Prime minister, shall be available; 2. The location, structures and equipment of the nuclear power reactor and related facilities shall conform to the technical standards as prescribed by the Regulation of the Commission in such a way that they do not present any impediment to the protection of disasters caused by the radioactive materials, etc. to human bodies, materials and the public; 3. The construction of a nuclear power reactor and related facilities shall conform to the standards as prescribed by the Presidential Decree in order to prevent any harm to public health and the environment caused by the radioactive materials, etc.; and 4. The contents of a quality assurance program under the provisions of Article 10 (2) shall conform to the standards as prescribed by the Regulation of the Commission. Article 12 (Approval for Standard Design) (1) Any person who intends to repeatedly construct the nuclear power reactor of the same design and install related facilities may obtain approval for such design (hereinafter referred to as "standard design") from the Commission under the conditions as prescribed by the Presidential Decree and the same shall apply to a case where he is intends to change the approved matters. Provided, that if he intends to change minor matters prescribed by the Ordinance of the Prime minister, he shall file a report thereon with the Commission. (2) Any person who intends to obtain the approval referred to in Paragraph (1) shall file an application for the approval, appended by a specification on the standard design and other documents prescribed by the Ordinance of the Prime minister, with the Commission. (3) The valid period of the approval under Paragraph (1) shall be ten(10) years, and the Commission may, when he deems that a serious impact on the safety of the design still exists even during the valid period, order any person who has been granted the approval for the standard design to correct or supplement the approved matters. (4) Notwithstanding the provisions of the foregoing Paragraph (3), in the case 11
NUCLEAR LAWS OF THE REPUBLIC OF KOREA of application for a construction permit regarding a nuclear reactor and related facilities by applying the standard design in the effective period of approval thereof, said standard design with respect to the nuclear reactor and related facilities shall be deemed effective until the operational license thereof. (5) The standards for approval under the foregoing Paragraph (1) shall be as follows: 1. The location, structures, equipment and performance of a nuclear power reactor and related facilities shall conform to the technical standards as prescribed by the Regulation of the Commission in such a way that they do not present any impediment to the protection of disasters caused by the radioactive materials, etc. to human bodies, materials and the public; 2. The construction of a nuclear power reactor and related facilities shall conform to the standards as prescribed by the Presidential Decree in order to prevent any harm to public health and the environment caused by the radioactive materials, etc. (6) The Commission may exclude matters prescribed by the Presidential Decree, including other matters in which new technologies are required to be incessantly reflected, from the standard design. (7) When the approval referred to in Paragraph (1) is granted, the matters for which approval is granted in advance under Paragraph (1) may not be entered in the application for permit as prescribed in Articles 10 (2) and 20 (2). (8) The provisions of Article 14 shall apply mutatis mutandis to the case of Paragraph (1). In this case, "the permit of Article 10 (1)" in the part of exception for each of the provisions of Article 14 shall be deemed "the approval of Article 12 (1)" and "after the permit is revoked in accordance with Article 17" in Subparagraph 3 of the Article 14 shall be deemed "after the approval is revoked in accordance with Article 13," respectively. Article 13 (Revocation of Approval for Standard Design) If a person who has been granted the approval under Article 12 (1) falls under any of the following Subparagraphs, the Commission may revoke such approval: 12
Nuclear Safety Act 1. When he obtains the approval in a fraudulent and illegal manner; 2. When he changes the matters, any change of which requires approval, without obtaining approval therefor under the later part of the main sentence of Article 12 (1); 3. When he violates the order given under Article 12 (3); and 4. When he falls under any of Subparagraphs 1, 2, and 4 of Article 14 which are applied mutatis mutandis in accordance with Article 12 (8). Provided, that in a case where an executive officer of a corporation falls under such case and he is replaced within three months, this shall not apply. Article 14 (Disqualification) A person who falls under any of the following Items shall not be granted construction permit as prescribed in Article 10 (1): 1. A person who has been declared to be incompetent, quasi-incompetent, or a bankrupt who is not yet reinstated; 2. A person who, due to the violation of the Act, has been sentenced to imprisonment without prison labor of heavier punishment and for whom two years have not yet elapsed since execution of such punishment was completed or non-execution thereof was finally decided, or who is now under a suspended execution after such suspended execution was decided; 3. A person for whom two years have not yet elapsed after the permit as prescribed in Article 17 was revoked; and 4. A juridical person having any executive officer who falls under any of Items 1 through 3. Article 15 (Regulation on Nuclear Material Control and Accountancy) (1) A person who has obtained permit under the provisions of Article 10 (1) (hereinafter referred to as "installer of nuclear power reactor") shall make regulation on nuclear material control and accountancy for the internationally controlled material (hereinafter referred to as "specific nuclear material") under the conditions as prescribed by the Presidential Decree, and obtain the approval of the Commission, before starting the use of the specific nuclear material. The same shall also apply in a case where he wishes to change it. 13
NUCLEAR LAWS OF THE REPUBLIC OF KOREA Provided, that if he wishes to change minor matters as prescribed by the Ordinance of the Prime minister, he shall report it. (2) If the Commission deems that the regulation on nuclear material control and accountancy referred to in Paragraph (1) is not sufficient to ensure proper accounting and control of the specific nuclear material, he may order corrective measures therefor. Article 16 (Inspection) (1) The installer of nuclear power reactor shall undergo an inspection of the Commission with respect to the construction of the nuclear power reactor and related facilities, the matters on nuclear material control and accountancy, under the conditions as prescribed by the Presidential Decree. (2) If it has turned out, as a result of the inspection as referred to in Paragraph (1) that he falls under any of the following Subparagraphs, the Commission may order an installer of nuclear power reactor to take corrective or complementary measures: 1. Where he has failed to meet the standards for the permit as referred in Article 11; and 2. Where he has violated matters prescribed in the documents attached to an application for the permit under Article 10 (2) or the regulation on nuclear material control and accountancy under Article 15. Article 17 (Revocation, etc. of Construction Permit) (1) The Commission may order the revocation of permit, or the suspension of construction work by specifying a period not exceeding one year, in a case where an installer of nuclear power reactor falls under any of the following Subparagraphs: 1. Where he has obtained the permit by fraud or by any other illegitimate means; 2. Where he has failed to commence the permitted construction work within the period as prescribed by the Presidential Decree or where he has suspended the construction work for not less than one year without justifiable reasons; 3. Where he has changed any matters subject to the permit under the 14
Nuclear Safety Act provisions of the latter part of Article 10 (1) without obtaining the permit of change; 4. Where he has failed to meet the standards for the permit as referred to in Article 11; 5. Where he falls under any of Items 1, 2 and 4 of Article 14. Provided, that in a case where an executive officer of a corporation falls under such case and he is replaced within three months, this shall not apply; 6. Where he has violated an order issued under Article 16 (2) or 98 (1) and (3); 7. Where he has violated the provisions of Article 15 (1), 94 or 96; and 8. Where he has violated the conditions for the permit as referred to in Article 99. (2) In a case where the Commission shall order a suspension of construction work under the provisions of Paragraph (1), if such measure is likely to cause a grave inconvenience to the users, etc. of such project, or to be detrimental to the public interest, the Commission may impose a penalty surcharge not exceeding fifty million won in lieu of the suspension of such construction work. (3) The amount of the penalty surcharge depending on the category, degree, etc. of the offense on which the penalty surcharge is imposed under Paragraph (2), and other necessary matters, shall be prescribed by the Presidential Decree. (4) If the penalty surcharge as referred to in Paragraph (2) is not paid within the time limit, it shall be collected by the Commission pursuant to the example of the disposition on default of national tax. Article 18 (Records and Keeping) An installer of nuclear power reactor shall make records of matters concerning the construction of the nuclear power reactor and related facilities under the provisions of the Ordinance of the Prime minister, and keep such records at each construction site or place of business. Article 19 (Succession) If the installer of nuclear power reactor transfers his business or dies, or the 15
NUCLEAR LAWS OF THE REPUBLIC OF KOREA merger of juridical persons takes place, the transferee, successor or the juridical person which survives after such merger or the juridical person established by such merger shall succeed the status of the installer of nuclear power reactor. In this case, the successor, when he falls under 1 through 3 of Article 14, may transfer his business to another person within three months. Section 2 Operation of Nuclear Power Reactor and Related Facilities Article 20 (Operating License) 16 (1) A person, who wishes to operate the nuclear power reactor and related facilities, shall obtain license from the Commission under the conditions as prescribed by the Presidential Decree. The same shall apply in a case where he wishes to change any permitted matters. Provided, that when he wishes to change minor matters as prescribed by the Ordinance of the Prime minister, he shall report it. (2) A person, who intends to obtain license under Paragraph (1), shall file to the Commission an application, attached with technical specifications for operation of the nuclear power reactor and related facilities (hereinafter referred to as "technical specifications"), final safety analysis report, quality assurance program with respect to its operation, radiation environmental report (limited to only any parts different from the radiation environmental report filed pursuant to Article 10 (2)) and other documents prescribed by the Ordinance of the Prime minister. (3) The provisions of Article 14 shall apply mutatis mutandis to the cases as referred to in Paragraph (1). Provided, that in this case, the term "Article 17" in 3 of Article 14 shall be regarded as "Article 24". Article 21 (Standards for License) The standards for the operation license as referred to in Article 20 (1) shall be as follows: 1. Technical capabilities necessary for the operation of the nuclear power
Nuclear Safety Act reactor and related facilities, as provided for in the Regulation of the Commission, shall be available; 2. Performance of the nuclear power reactor and related facilities shall conform to the technical standards as prescribed by the Regulation of the Commission in such a way that there may not be any impediment to the protection against radiation damages to human bodies, materials and the general public caused by radioactive materials, etc.; 3. The operation of the nuclear power reactor and related facilities shall conform to the standards as prescribed by the Presidential Decree in order to prevent any harm to public health and the environment caused by radioactive materials, etc. and 4. The contents of the quality assurance program under Article 20 (2) shall conform to the standards as prescribed by the Regulation of the Commission. Article 22 (Inspection) (1) A person, who has obtained license under Article 20 (1) (hereinafter referred to as "operator of nuclear power reactor"), shall undergo an inspection of the Commission for matters, etc. concerning the operation of the nuclear power reactor and related facilities, and the control and accountancy for the specific nuclear materials, under the conditions as prescribed by the Presidential Decree. (2) If it has turned out as a result of the inspection as referred to in Paragraph (1) that an operator of nuclear power reactor falls under any of the following Subparagraphs, the Commission may order him to take corrective and complementary measures: 1. Where he has failed to meet standards for the license referred to in Article 21 or measures taken pursuant to the provisions of Article 26 (1) are insufficient; and 2. Where he has violated matters prescribed in the attached documents of the application for the license as referred to in Article 20 (2) or the regulation on nuclear material control and accountancy as referred to in Article 15 applicable mutatis mutandis under Article 29. Article 23 (Periodic Safety Review) 17
NUCLEAR LAWS OF THE REPUBLIC OF KOREA (1) The operator of the nuclear power reactor shall periodically review the safety of the nuclear power reactor and related facilities, and report the results thereof to the Commission under the conditions as prescribed by the Presidential Decree. (2) The Commission may, when the results of the periodic safety review referred to in Paragraph (1) and the safety measures taken based on such results are deemed insufficient, order the operator of the relevant nuclear power reactor to correct or supplement such insufficiencies. (3) Matters concerning the method and contents of review, etc. in Paragraph (1) shall be prescribed by the Presidential Decree. Article 24 (Revocation, etc. of Operating License) (1) The Commission may order the revocation of license or the suspension of the operation by specifying a period not exceeding one year, if the operator of the nuclear power reactor falls under any of the following Subparagraphs: 1. Where he has obtained the license by fraud or by any other illegitimate means; 2. Where he has failed to commence the operation for which the license was issued, within the period as prescribed by the Presidential Decree or where he has discontinue the business continuously for not less than one year without justifiable reasons; 3. Where he has changed any matters subject to the permit under the provisions of the latter part of Article 20 (1) without obtaining the permit of change; 4. Where he falls under any of Subparagraphs 1, 2 and 4 of Article 14 as applied mutatis mutandis under Article 20 (3). Provided, that in a case where an executive officer of a corporation falls under such case and if he is replaced within three months, this shall not apply; 5. Where he has failed to meet the standards for the license as referred to in Article 21; 6. Where he has violated an order issued under Articles 22 (2), 23 (2), 27, 92 (2) or 98 (1) and (3); 7. Where he has violated the provisions of Article 15 (1) as applied mutatis mutandis under Article 29; 18
Nuclear Safety Act 8. Where he has violated the provisions of Articles 26, 70, 89 (5), 94, 96 or 106 (1); and 9. Where he has violated the conditions for the permit as referred to in Article 99. (2) The provisions of Article 17 (2) through (4) shall be applied mutatis mutandis in a case where the suspension of the operation is to be ordered under Paragraph (1). Article 25 (Records and Keeping) The operator of the nuclear power reactor shall make records of matters concerning the operation of the nuclear power reactor and related facilities under the provisions of the Ordinance of the Prime minister, and keep such records at each operation site or place of business. Article 26 (Safety Measures for Operation, etc.) (1) The operator of the nuclear power reactor shall take necessary measures for the safety of human bodies, materials and the public as prescribed by the Presidential Decree. (2) The operator of the nuclear power reactor and his employees shall observe the technical specifications for operation as referred to in Article 20 (2). (3) The operator of the nuclear power reactor shall let, not less than one license holder of the supervisor of the nuclear reactor operation and also not less than one license holder of the operator of nuclear reactor under the provisions of Article 84, be present at the controls at all times during the operation of each nuclear reactor. (4) The operator of the nuclear power reactor shall assign, not less than one license holder of the supervisor of nuclear fuel material handling and not less than one license holder of the supervisor of radiation handling under Article 84, to work for the safety control of nuclear material and radiation in the reactor and related facilities. Article 27 (Suspension, etc. of Use of Nuclear Power Reactor and Related Facilities) 19
NUCLEAR LAWS OF THE REPUBLIC OF KOREA 20 The Commission may, when the performance of the nuclear power reactor and related facilities are deemed to be not in conformity with technical standards under the provisions of Subparagraph 2 of Article 21, or measures taken pursuant to Article 26 (1) are deemed insufficient, order the operator of the nuclear power reactor to take measures, such as suspension of use, reconstruction, repair, transfer, and designation of operation methods for the nuclear power reactor and related facilities, or change of technical specifications of the provisions of Article 20 (2), decontamination, or other necessary measures for safety. Article 28 (Decommissioning of Nuclear Power Reactor and Related Facilities) (1) If the operator of nuclear power reactor intends to decommission a nuclear power reactor and related facilities, he shall prepare a decommissioning plan for the nuclear power reactor and related facilities and obtain in advance approval from the Commission. The same shall apply to the case where he intends to change such decommissioning plan. Provided, that he shall file a report to the Commission when he intends to change minor matters as prescribed by the Ordinance of the Prime minister. (2) The decommissioning plan as referred to in Paragraph (1) shall include matters falling under each of the following Subparagraphs: 1. A method of decommissioning a nuclear power reactor and related facilities, and a schedule of the work; 2. A method of removing radioactive materials and contamination caused thereby; 3. A method of treating and disposing of radioactive wastes; 4. Measures necessary for preventing any accident by radiation; 5. Evaluation of the impact of radioactive materials, etc. on the environment, and the countermeasures; 6. The quality assurance program with respect to the decommissioning of any nuclear power reactor and related facilities; and 7. Other matters as determined by the Commission. (3) The Commission shall confirm and check-up the status of decommissioning the nuclear power reactor and related facilities before such decommissioning is completed. (4) If it has turned out as a result of the confirmation and checking as referred to in Paragraph (3) that the operator of nuclear power reactor has
Nuclear Safety Act failed to carry out the decommissioning plan as referred to in Paragraph (1), the Commission may order him to take corrective or complementary measures. Article 29 (Provisions Applicable Mutatis Mutandis) The provisions of Articles 15 and 19 shall apply mutatis mutandis to the operator of nuclear power reactor. In this case, the term "installer of nuclear power reactor" shall be regarded as "operator of nuclear power reactor". Section 3 Construction and Operation of Nuclear Research Reactor, etc. Article 30 (Permit for Nuclear Research Reactor, etc.) (1) A person, who intends to construct and operate the nuclear reactor and related facilities for research or educational purposes, shall obtain, according to their respective types, permit from the Commission as prescribed by the Presidential Decree. The same shall also apply to the case where he wishes to change any permitted matters. Provided, that if he wishes to change any minor matters as prescribed by the Ordinance of the Prime minister, he shall report it. (2) A person, who wishes to obtain the permit under Paragraph (1), shall submit an application for the permit to the Commission, together with radiation environmental report, technical specifications, safety analysis report, quality assurance program on construction and operation, and other documents as prescribed by the Ordinance of the Prime minister, according to the types of permit. Provided, that in the case of a nuclear reactor the thermal output of which is under ten kilowatts, and which is used for such research or education as authorized by the Commission, quality assurance program on the construction and operation shall not be attached. (3) Provisions of Articles 11, 14 and 21 shall also apply mutatis mutandis to the case of the change permit as referred to in Paragraph (1). In this case, the term "Article 17" in Subparagraph 3 of Article 14 shall be regarded as "Article 32". 21
NUCLEAR LAWS OF THE REPUBLIC OF KOREA Article 31 (Report, etc. of Entry and Departure of Foreign Atomic Powered Ship) (1) Where a person falling under each of the following Subparagraphs who owns a nuclear-reactor-installed ship (excluding any warship and hereafter in this Article referred to as the "foreign atomic-powered ship") intends to make his ship enter or leave a port in the Republic of Korea, he shall file a report in advance to the Commission as prescribed by the Presidential Decree: 1. A person who does not have the Korean nationality; and 2. A person who is not a juridical person or an organization established pursuant to Korean acts and subordinate statutes. (2) Where the Commission has received the report as referred to in Paragraph (1) and deems necessary, he shall inform the Minister of Ocean and Fisheries of such measures that the operator of foreign atomic-powered ship shall take for prevention of disaster caused by nuclear reactor or radioactive material under the conditions as prescribed by the Ordinance of the Prime minister. (3) Upon receiving the report referred to in Paragraph (2), the Minister of Ocean and Fisheries shall order the operator of a foreign atomic-powered ship to take necessary measures for prevention of disaster caused by a nuclear reactor or radioactive material according to the contents of the report, and instruct the head of local harbor office to regulate properly the operation of such atomic-powered ship. Article 32 (Revocation of Permit for Construction and Operation, etc.) The Commission may order the revocation of permit or the suspension of business within one year in a case where a person who has been granted permit under Article 30 (1) (hereinafter referred to as "installer of a nuclear research reactor, etc.") falls under any of the following Subparagraphs: 1. Where he has obtained the permit by fraud or by any other illegitimate means; 2. Where he has failed to commence the business for which the permit was issued within the period as prescribed by the Presidential Decree, or where he has suspended the business continuously for not less than one 22
Nuclear Safety Act year without justifiable reasons; 3. Where he has failed to meet the standards for the permit as referred to in Articles 11 and 21 as applied mutatis mutandis under Article 30 (3); 4. Where he falls under any of Subparagraphs 1, 2 and 4 of Article 14 as applied mutatis mutandis under Article 30 (3). Provided, that in a case where an executive officer of a corporation falls under such case and he is replaced within three months, this shall not apply; 5. Where he has changed any matters subject to the permit under the provisions of the latter part of Article 30 (1) without obtaining the permit of change; 6. Where he has violated the provisions of Article 15 (1) or 26 as applied mutatis mutandis under Article 34; 7. Where he has violated an order issued under Article 16 (2), 22 (2), or 27 as applied mutatis mutandis under Article 34; 8. Where he has violated an order issued under Article 31 (3), 92 (2) or 98 (1) and (3); 9. Where he has violated the provisions of Article 70, 89 (5), 94, 96 or 106 (1); and 10. Where he has violated the conditions for permit as referred to in Article 99. Article 33 (Report on Suspension and Discontinuation of Business) When the installer of a nuclear research reactor suspends or discontinues, in whole or in part, his business or resumes his suspended business, he shall file a report to the Commission within 30 days from the date of such suspension, discontinuation or resumption of the business. Article 34 (Provisions Applicable Mutatis Mutandis) (1) The provisions of Articles 15, 16, 18, 19, 22 and 25 through 28 shall apply mutatis mutandis to the installer of the nuclear research reactor, etc. (2) In the case of application as referred to in Paragraph (1), the terms "installer of the nuclear power reactor" and "operator of the nuclear power reactor" shall be regarded as the term "installer of the nuclear research reactor, etc.". 23
NUCLEAR LAWS OF THE REPUBLIC OF KOREA Chapter Ⅳ Nuclear Fuel Cycle Business and Use of Nuclear Material, Etc. Section 1 Nuclear Fuel Cycle Business Article 35 (Permit, etc. for Nuclear Fuel Cycle Business) (1) A person, who intends to carry on the business of refining or fabricating nuclear raw material or nuclear fuel material (including the business of converting such material), shall obtain permit from the Commission as prescribed by the Presidential Decree. The same shall also apply to the case where he intend s to change any permitted matters. Provided, that if he wishes to change any minor matters as prescribed by the Ordinance of the Prime minister, he shall report it. (2) A person, who intends to carry on the spent fuel processing business, shall have his business designated by the competent minister under the conditions as prescribed by the Presidential Decree. If he wishes to change any designated matters, he shall obtain the permit of the competent minister. Provided, that if he wishes to change any minor matters as prescribed by the Ordinance of the Prime minister, he shall report it. (3) A person, who intends to obtain permit under the provisions of Paragraph (1), shall submit to the Commission and a person, who intends to have his business designated under the provisions of Paragraph (2), shall submit to the competent minister, respectively, an application for the permit or the designation together with radiation environmental report, safety control regulations, explanatory statement of design and work methods, quality assurance program for the operation of the business and other documents as prescribed by the Ordinance of the Prime minister. (4) Matters necessary for the processing or disposal of spent fuel shall be determined by the Minister of Education, Science and Technology and the Minister of Knowledge Economy in consultation with the Commission and the relevant ministers and through deliberation and decision of the Nuclear Energy Promotion Commission as prescribed by article 3 of the Nuclear Energy Promotion Act. (5) The provisions of Article 14 shall apply mutatis mutandis to the case as 24
Nuclear Safety Act referred to in Paragraphs (1) and (2). In this case, "Article 17" in Subparagraph 3 of Article 14 shall be regarded as "Article 38". Article 36 (Standards for Permit, etc.) Standards for permit or designation as referred to in Article 35 (1) and (2) are as follows: 1. Technical capability necessary for the undertaking of business, as provided for in the Ordinance of the Prime minister, shall be available; 2. Location, structure, equipment, and performance of nuclear fuel cycle facility shall conform to technical standards as prescribed by the Regulation of the Commission of the Prime minister in such a way that there may not be any impediments to the preventive measures against hazards to human bodies, materials, and the general public caused by radioactive material, etc.; and 3. The operation of nuclear fuel cycle facility shall conform to the standards as prescribed by the Presidential Decree in order to prevent any harm to public health and the environment caused by radioactive material, etc. Article 37 (Inspection) (1) A person who has obtained permit or designation under the provisions of Article 35 (1) and (2) (hereinafter referred to as "nuclear fuel cycle enterpriser") shall undergo the inspection of the Commission on matters, etc. concerning the installation and operation of nuclear fuel cycle facility, and the control and accountancy for the specific nuclear material as prescribed by the Presidential Decree. (2) If it has turned out, as a result of the inspection as referred to in Paragraph (1), that a nuclear fuel cycle enterpriser falls under any of the following Subparagraphs, the Commission may order him to take corrective or complementary measures: 1. Where he has failed to meet standards for permit under the provisions of Article 36, or where safety measures under the provisions of Article 40 (1) are insufficient; and 2. Where he has violated matters prescribed in the documents attached to an application for permit under the provisions of Article 35 (3) and the regulation on nuclear material control and accountancy under the 25
NUCLEAR LAWS OF THE REPUBLIC OF KOREA provisions of Article 15 applicable mutatis mutandis under Article 44. Article 38 (Revocation of Permit, etc.) (1) In a case where the nuclear fuel cycle enterpriser falls under any of the following Subparagraphs, the Commission may revoke the permit and the competent minister may cancel the designation, respectively, or they may order him to suspend his business by specifying a period not exceeding one year: 1. Where he has obtained the permit or the designation by fraud or by any other illegitimate means; 2. Where he has failed to commence the permitted or designated business within such period as prescribed by the Presidential Decree or has suspended such business continuously for not less than one year; 3. Where he has changed any matters subject to the permit under the provisions of the latter part of Article 35 (1) or (2) without obtaining the permit of change; 4. Where he falls under any of Subparagraphs 1, 2 and 4 of Article 14 as applied mutatis mutandis under Article 35 (5). Provided, that in a case where an executive officer of a corporation falls under such case and he is replaced within three months, this shall not apply; 5. Where he has failed to meet the standards for the permit or designation as referred to in Article 36; 6. Where he has violated an order given under Article 37 (2), 41, 92 (2) or 98 (1) and (3); 7. Where he has violated the provisions of Articles 40 (1) and (2), 70, 89 (5), 94, 96 or 106 (1); 8. Where he has violated the provisions of Article 15 (1) which apply mutatis mutandis under Article 44; and 9. Where he has violated the conditions for the permit or the designation as referred to in Article 99. (2) The provisions of Article 17 (2) through (4) shall apply mutatis mutandis in a case where a suspension of business shall be ordered under the provisions of Paragraph (1). 26
Nuclear Safety Act Article 39 (Records and Keeping) The nuclear fuel cycle enterpriser shall make records of matters on the construction and operation of nuclear fuel cycle facility under the conditions as prescribed by the Ordinance of the Prime minister and keep such records at each site or place of business. Article 40 (Safety Measures, etc. for Operation) (1) In operating the facility, the nuclear fuel cycle enterpriser shall take measures, etc. for the safety of human bodies, materials and the public under the conditions as prescribed by the Presidential Decree. (2) The nuclear fuel cycle enterpriser and his employees shall observe the safety control regulations referred to in Article 35 (3). Article 41 (Measures for Suspension of Operation of Nuclear Fuel Cycle Facility) The Commission, when he recognizes that the safety measures under the provisions of Article 40 are insufficient, may order the nuclear fuel cycle enterpriser to suspend using the facility, or renovate, repair, relocate such facility and to take measures for the safety of such facility including the designation of operational methods. Article 42 (Decommissioning of Nuclear Fuel Cycle Facility) (1) If the nuclear fuel cycle enterpriser intends to decommission the nuclear fuel cycle facility, he shall prepare a plan for the decommissioning of such facility, and obtain in advance the approval of the Commission. The same shall also apply to the case where he wishes to change the plan. Provided, that when he intends to change minor matters prescribed in the Ordinance of the Prime minister, he shall file a report to the Commission. (2) The plan for the decommissioning of facility as referred to in Paragraph (1) shall include the matters falling under each of the following matters: 1. A method of decommissioning and work schedule of the nuclear fuel cycle facility; 27
NUCLEAR LAWS OF THE REPUBLIC OF KOREA 2. A method of removal of radioactive material and contamination caused by radioactive material; 3. A method of treatment and disposal of the radioactive waste; 4. Measures necessary for preventing any hazards caused by radiation; 5. Evaluation of the impact of radioactive material, etc. on the environment, and the countermeasure; 6. The quality assurance program with respect to the decommissioning of the nuclear fuel cycle facility; and 7. Other matters as determined by the Commission. (3) The Commission shall confirm and check up the progress of decommissioning such facility before the decommissioning work is finished. (4) If it has turned out as a result of the confirmation and checking as referred to in Paragraph (3) that the nuclear fuel cycle enterpriser has failed to carry out the decommissioning work in accordance with the plan for the decommissioning of facility as referred to in Paragraph (1), the Commission may order him to take corrective or complementary measures. Article 43 (Report on Business Commencement) Any nuclear fuel cycle enterpriser shall, when he commences, suspends, or discontinues his business or resumes his suspended business, file a report to the Commission within 30 days from the date of such commencement, suspension, discontinuation or resumption of his business. Article 44 (Provisions Applicable Mutatis Mutandis) The provisions of Articles 15 and 19 shall apply mutatis mutandis to the nuclear fuel cycle enterpriser. In this case, the "installer of nuclear power reactor" shall be deemed the "nuclear fuel cycle enterpriser". Section 2 Use of Nuclear Material Article 45 (Permit for Use, etc. of Nuclear Fuel Material) (1) A person, who wishes to use or possess nuclear fuel material, excluding 28